Appellate Division: Second Judicial Department

M234928

E/afa

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2017-02061, 2017-02065, 2017-02066 In the Matter of "Baby Boy" N. (Anonymous), also known as Ali N. (Anonymous), also known as Ali A. (Anonymous). SCO Family of Services, petitioner-respondent, et al., petitioner; Albert N. (Anonymous), respondent appellant. (Proceeding No. 1) In the Matter of Alberta N. (Anonymous). SCO Family of Services, petitioner-respondent, et al., petitioner; Albert N. (Anonymous), respondent appellant. (Proceeding No. 2) In the Matter of Albert A. N. (Anonymous), Jr., also known as Albert A. N. (Anonymous), also known as Albert N. (Anonymous), also known as Albert A. (A SCO Family of Services, petitioner-respondent, et al. petitioner; Albert N. (Anonymous), respondent-appel (Proceeding No. 3) (Docket Nos. B-11515/13, B-26010/12, B-26011/12)

DECISION & ORDER ON MOTION - - nonymous). , lant.

Appeals by Albert N. from three orders of the Family Court, Queens County, all dated October 4, 2016. By order to show cause dated June 1, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered relieving the attorney assigned by order on certification of this Court dated March 30, 2017, to perfect the appeals on behalf of the respondent-appellant on the ground that the attorney had been unable to contact the respondent-appellant, and dismissing the appeals.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeals in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this decision and order on motion; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this decision and order on motion, the assigned counsel shall file in the office of the Clerk of this Court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order on certification of this Court dated March 30, 2017, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeals; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

RIVERA, J.P., AUSTIN, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court